From AWEA¡¯s Wind Energy Works!, May 21, 2007:

A new effort in Washington DC poses a serious threat to wind development – both future and existing. It threatens not only any federal RPS, but also state RPS requirements would be affected if Chairman Nick Rahall, D-WV, has his way. Highlights:

· His provision makes new wind development illegal until new federal rules (Fish & Wildlife Service) are established. We know from the Minerals Management Service experience this can take a while – MMS expects theirs to take 2 ¨ö years, way over the original 270 days prescribed.

· Existing facilities must shut down within 6 months of new rules, until certified.
· Any violation is a criminal offense with a $50,000 fine or a year in prison. Small residential wind turbines, as well as large, are required to cease operating or face criminal penalties.

· Once new rules are passed, every single wind turbine will require certification – government staff would have to evaluate each turbine application.

This Bill is moving with Lightning Speed. Although it was made available only last week, a House Committee on Natural Resources mark-up session where the bill will be formally considered has been scheduled for June 6. A hearing is scheduled for this Wednesday (May 23).

Please go here for a sample letter and action request. I have also attached a fact sheet but list talking points below. For a list of who¡¯s on the committee, click here.

Let me know if you have questions, and keep me in the loop with any efforts or feedback.

Talking points:

No other form of electricity generation has even been subject to a Fish and Wildlife Service certification process, although others may have far more serious impacts on wildlife. Mountain top removal and the deposit of the resulting fill in river valleys is one example of a practice related to the generation of electricity that might be expected to harm wildlife, but would not be addressed by Subtitle D. Meanwhile, the National Academy of Sciences recently concluded: ¡°Clearly, bird deaths caused by wind turbines are a minute fraction of the total anthropogenic bird deaths – less than 0.003% in 2003 based on the estimates of Erickson et. al. (2005).¡± House cats kill more than 1000 times as many birds each year as wind turbines.

Wind Energy is Green Energy. Wind energy requires no mining or drilling for fuel, no fuel transportation, no hazardous waste disposal, and no water use; and wind energy generates electricity without toxic pollutants like mercury, without greenhouse pollution, and of course without the conventional pollutants that cause smog and acid rain. Is this really an energy sector Congress should close down, for environmental reasons?

Wind Energy has a Crucial Role to Play in Solving the Climate Problem. Wind power is not only emissions free, it is also readily available and cost effective.

Failure to stop this provision is a missed opportunity to bring the rural economic development benefits and domestic energy diversity wind provides.

From AWEA¡¯s Small-Wind Update, May 21, 2007:

a) *New Bill: Jail Time for Installing A Wind Turbine?

Rep. Nick Rahall (D-WV) has introduced legislation that would impose devastating, excessive, and unworkable requirements for all existing and future wind projects – including small wind systems - that do not comply with as yet unwritten onerous siting standards.

This bill¡¯s anti-wind energy section, Subtitle D of bill H.R. 2337, would have to be satisfied by all wind systems of any size to avoid, minimize, and mitigate adverse impacts on migratory birds and bats despite the fact that wind turbines cause less than 0.003% of human-caused bird mortality.

AWEA is fighting this provision and we need your voice to help defeat it. AWEA¡¯s aim is to stop these provisions from becoming part of energy legislation that may be acted on later this year. To join the fight against this bill and for more information, see http://capwiz.com/windenergy/issues/alert/?alertid=9773201&type=CO

Subtitle D of this bill would:

• Impose imprisonment and/or a $50,000 fine for placing a wind turbine on private property without first gaining approval from the Director of the U.S. Fish & Wildlife Service, regardless of whether used for personal or commercial purposes.

· Require a review of every existing and planned wind installation and project by the U.S. Fish & Wildlife Service (USFWS), a mandate far beyond the agency¡¯s resources and capabilities.

· Create invasive inspection requirements for private landowners and farmers with wind turbines on their property.

Rep. Rahall (D-WV) is Chairman of the House Natural Resources Committee where he exercises influence over the movement of the bill, which is scheduled for a hearing as early as June 6.

What you can do today to stop this bill:

¡î Contact your Representative and Senator. Please ask your Representative (House) to oppose the anti-wind Subtitle D of H.R. 2337. See http://capwiz.com/windenergy/issues/alert/?alertid=9773201&type=CO for information on how to do this.
¡î Join AWEA¡¯s Grassroots Program. For ways to oppose this bill while supporting pro-wind legislation, join AWEA¡¯s Grassroots Program. You will be provided with important guidelines and materials, including a monthly Grassroots Program e-Newsletter, a Congressional District Brochure with information on your Congressional Members and the legislative process, a Grassroots Advocacy Guide that includes tips on contacting Members of Congress through letters and invitations, and AWEA fact sheets and talking points on the industry's legislative priorities. Click on this link to fill out the on-line form: http://www.awea.org/legislative/Grassroots.aspxx

¡î Lobbying Opportunities: Congressional Recess Next Week

The upcoming Congressional recess period may provide you with a unique opportunity to communicate your support for small wind directly with your Representative or Senator. During such a recess, your Representative and Senators will be home in your district/state and may choose to host ¡°town hall meetings¡± or other forums that are open to the public. Your Representative (House) will be in your district from May 25-27 and June 2-4; while your Senators will be home in your state from May 26 – June 3.

To see if your Congressman will be featuring any such opportunities to hear public opinion, visit their Web sites, which you can locate by visiting www.congress.org.